(Delivered on 21/12/2021)

PER SHRI A. Z. KHWAJA, HON’BLE JUDICIAL MEMBER.

1.         Appellant- Union Bank of India has preferred the present appeal feeling aggrieved by the order dated 19/10/2020 passed by the learned District Consumer Commission, Nagpur in Consumer Complaint No. CC/8/2020 whereby the complaint filed by the complainant came to be partly allowed.  (Appellant and respondent shall hereinafter  be referred as  per  original  nomenclature)

2.         Short facts leading to filing of the present appeal may be narrated as under,

            Complainant –Mr. Ashok Eknathji Lambat has claimed that  he was resident  of Nagpur and was having saving account in O.P. bank bearing No. 517202010015273 and also was having  RuPay Debit Card issued by the O.P.- bank bearing  Card No. 6069925172036637. Complainant has alleged that on 18/07/2018 at 11.35 p.m.  he received  message on his mobile regarding  the withdrawal of amount of Rs. 10,000/- and Rs. 5000/-  in total Rs. 15,000/-. But in fact he had not  withdrawn  the said amount. On 19/07/2018 he approached to   O.P. bank and made enquiry  and came to know that  on 18/07/2018 an amount of Rs. 50,000/- was withdrawn from  his account but he had received  the massages of withdrawal  of an amount of Rs. 15,000/-. Complainant  has alleged that  he had given  an application  for  closing  of  account and ATM Card.  Complainant  has contended that  after submitting the application  for closing of account and  ATM Card  facility on  the same day i.e. on 19/07/2018 he again received   the message that  an amount of Rs. 24,000/- and Rs. 169/- was withdrawn  by swiping his debit card and  so he again approached  to the O.P.-Bank and enquired about the said withdrawal of amount but he was informed that  his account  and debit card  has been  freezed. Complainant  has alleged that  he  had not made any  transaction  and  loss was caused to him on  account of deficiency  in service  of the O.P.-Bank. Complainant  has alleged that  he lodged the complaint  with  Police Authority  and also with  the  Reserve Bank of India on 26/09/2018.  Complainant  has contended that  the O.P.-Bank had deposited the said amount in his account as ATM Fraud amount by marking the lien.  Complainant further  contended that  thereafter the O.P-Bank has taken out the said amount from his account on 30/06/2018. Complainant  has therefore, contended that  the loss was caused  to him due to deficiency  in service  on behalf of the O.P. –Bank.  Complainant  therefore, lodged  the complaint before the learned District Consumer Commission, Nagpur and prayed for return  of amount Rs. 74,169/- as well as amount of Rs. 2,00,000/- towards  mental agony  along with interest  and Rs. 25,000/- towards litigation  charges.

3.         After filing of the complaint due  notice was  issued on  the O.P.-Bank/appellant  and same was duly served. However, none appeared on behalf of the O.P.-bank and so complaint  proceeded exparte  against  the O.P.-Bank. 

4.         The  learned  District Consumer Commission, Nagpur  thereafter  went through the